Definitions

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    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Arbitration activity” means the initiation, conduct, sponsorship, or administration of, or the appointment of an arbitrator in, a consumer arbitration.

    (c)    “Arbitration organization” means a nongovernmental association, agency, board, commission, corporation, or other entity that performs arbitration activities.

    (d)    “Consumer” means an individual who is:

        (1)    A resident of the State; and

        (2)    An actual or prospective purchaser or lessee of any goods, services, real property, or credit primarily for personal, family, or household purposes.

    (e)    (1)    “Consumer arbitration” means a binding arbitration conducted in accordance with a consumer arbitration agreement.

        (2)    “Consumer arbitration” does not include:

            (i)    A binding arbitration conducted in accordance with the provisions of a policy of property insurance, casualty insurance, or surety insurance, as those terms are defined in § 1–101 of the Insurance Article;

            (ii)    An arbitration governed by rules adopted by a securities self–regulatory organization and approved by the United States Securities and Exchange Commission under federal law; or

            (iii)    An arbitration between a consumer and a related institution that is licensed by the Maryland Department of Health, if the consumer arbitration agreement between the consumer and the related institution is not mandated as a condition of admission of the consumer to the related institution.

    (f)    (1)    “Consumer arbitration agreement” means a standardized contract that:

            (i)    Is between a consumer and another person who is not a consumer;

            (ii)    Provides for the sale or lease of any goods, services, real property, or credit primarily for personal, family, or household purposes; and

            (iii)    Requires that disputes arising under the contract be submitted to binding arbitration.

        (2)    “Consumer arbitration agreement” does not include a public or private sector collective bargaining agreement.

    (g)    “Related institution” has the meaning stated in § 19–301 of the Health – General Article.


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